Decisions – Miss.S.Ct. – Dec. 15, 2016

The Court adopts new rules of criminal procedure that will be effective as of July 1, 2017. Aubrey Mitchell, Individually and on Behalf of All The Heirs at Law and Wrongful Death Beneficiaries of Devin R. Mitchell, Deceased, and Myrtle Mitchell, Individually and as the Natural Mother and Next Friend of Aubreonna D. Mitchell, a…

Oral arg. – COA – Dec. 15, 2016

At 10:00 the COA will hear DHealthcare Consultants v. Jefferson County Hospital. DHealthcare was hired to perform services for the hospitalk.  When the Hospital unilaterally terminated the contract, DHealthcare sued. The trial court found the contract unenforceable because it wasn’t spread in the Board of Trustees’  minutes.  dhealthcare-brief jch-brief dhealthcare-reply Watch the argument here.  …

Oral arg. – Miss.S.Ct. – Dec. 14, 2016

At 1:30 the Mississippi Supreme Court will hear the silica case of  American Optical v. Robert Lee Rankin, Jr. In 2013,  Rankin filed suit in Jefferson County Circuit Court against 21 companies, including American Optical, for damages associated with lung disease allegedly caused by exposure to respirable silica. American Optical was accused of manufacturing defective…

Decisions – COA – Dec. 13, 2016 – part 2

  Melissa Langley, Wife of Joe (Joey) Langley, Deceased, Dakota Langley, Colton Langley and Harley Langley v. Waddle Trucking, LLC and Dallas National Insurance Company – workers comp. – Joe Langley died of a heart attack while driving an eighteen-wheeler for his employer, Waddle Trucking LLC. The medical examiner’s certificate stated that the immediate cause of death…

Decisions – COA – Dec. 13, 2016 – part 1

  Illinois Central Railroad Company v. Bennie Oakes, Deceased, by and through Clara Hagan, His Representative – setoff –  Oakes sued Illinois Central for asbestos-related injuries he suffered as a result of working for the railroad.  The jury found damages of $250,000 and assessed Oakes with 80% negligence and Illinois Central with 20%; the verdict against…

Oral arg. – COA- Dec. 13, 2016 – p.m.

At 1:30 the COA will hear the premises liability  case of Gloria Thompson v. Mildred Lucas. Thompson and Lucas were friends.  One day. Thompson stumbled over some broken concrete (broken by the roots of a pine tree) in Lucas’ driveway and broke her finger so she sued Lucas.  Thompson claimed she was an invitee because…

Oral arg. – COA – Dec. 13, 2016 – a.m.

At 10:30, the COA will hear the case of  Charles Bostick and Larry Poe v. DeSoto County.   Bostick and Poe own houses in a subdivision of Blue Lake Spring, Mississippi, which is zoned  Agricultural-Residential.   They have been renting the homes for stays of two days or more to visitors traveling to the casinos, Memphis,…